Petitioner challenged his pre-trail detention, seeking release on bail. The court observed the prolonged custody and lack of substantive evidence against him. It granted bail upon furnishing security.
Petitioner directed to be released on bail on furnishing bonds of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4991 of 2019
Arising Out of PS. Case No.-239 Year-2013 Thana- MADHEPURA District- Madhepura
======================================================
Manish Kumar @ Manish Yadav @ Manish kumar Yadav, s/o- Ram Chandra Prasad Yadav @ Arbind Yadav @ Ravindra Yadav, resident of village Maloudha, Ward No. 12, P.S.- Basnahi, District- Saharsa.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha For the Opposite Party/s : Mr.Manish Kumar No2 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 15-04-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 399, 402 and 414 of the Indian Penal Code and 4 and 5 of Explosive Substance Act.
The prosecution case in short is that on secret information that the accused persons have assembled to commit crime, the police went to the place of occurrence and arrested the accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.2.2018 There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has
Patna High Court CR. MISC. No.4991 of 2019(4) dt.15-04-2019 2/2
falsely been implicated in the present case. The petitioner has remained in custody for more than one year. There is no substantive evidence to suggest his implication in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 239/13.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner satisfies the conditions for release on bail after being in custody for over a year with no substantive evidence of implication?
2 provisions across 2 enactments
Manish Kumar @ Manish Yadav @ Manish kumar Yadav
The State Of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
